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The Phoenix Project 930413 - CONTACT Phoenix Journal Review

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APRIL 13, 1993 Page 47<br />

ARTICLE VIII<br />

THE JUDICIAL BRANCH<br />

SECTION 1. <strong>The</strong>re shall be a Principal<br />

Justice of the Newstates for America; a<br />

Judicial Council; and a Judicial Assembly.<br />

<strong>The</strong>re shall also be a Supreme Court and a<br />

High Court of Appeals; also Courts of<br />

Claims, Rights and Duties, Administrative<br />

<strong>Review</strong>, Arbitration Settlements, Tax Ap-<br />

peals, and Appeals from Watchkeeper's<br />

Findings. <strong>The</strong>re shall be Circuit Courts to<br />

be of first resort in suits brought under<br />

national law; and they shall hear appeals<br />

from courts of the Newstates.<br />

Other courts may be established by law<br />

on recommendation of the Principal Jus-<br />

tice with the Judicial Council.<br />

SECTION 2. <strong>The</strong> Principal Justice shall<br />

preside over the judicial system, shall ap-<br />

point the members of all national courts,<br />

and, unless the Judicial Council object,<br />

shall make its rules; also, through an<br />

Administrator, supervise its operations.<br />

SECTION 3. <strong>The</strong> Judicial Assembly<br />

shall consist of Circuit Court Judges, to-<br />

gether with those of the High Courts of the<br />

Newstates of America and 'those of the<br />

highest courts of the Newstates. It shall<br />

meet annually, or at the call of the Princi-<br />

pal Justice, to consider the state of the<br />

Judiciq and such other matters as may<br />

be laid before it.<br />

It shall also meet at the call of the<br />

Convener to nominate three candidates for<br />

the principal Justiceship whenever a va-<br />

cancy shall occur. From these nominees<br />

the Senate shall choose the one having the<br />

most votes.<br />

SECTION 4. <strong>The</strong> Principal Justice, un-<br />

less the Senate object to any, shall appoint<br />

a Judicial Council of five members to serve<br />

during his incumbency. He shall desig-<br />

nate a senior member who shall preside in<br />

his absence.<br />

It shall be the duty of the Council, under<br />

the direction of the Principal Justice, to<br />

study the courts in operation, to prepare<br />

codes of ethics to be observed by members,<br />

and to suggest changes in procedure. <strong>The</strong><br />

Council may ask the advice of the Judicial<br />

Assembly.<br />

It shall also be a duty of the Council, as<br />

hereinafter provided, to suggest Constitu-<br />

tional amendments when they appear to be<br />

necessary; and it shall also draft revisions<br />

if they shall be required. Further it shall<br />

examine, and from time to time cause to be<br />

revised, civil and criminal codes; these,<br />

when approved by the Judicial Assembly,<br />

shall be in effect throughout the nation.<br />

SECTION 5. <strong>The</strong> Principal Justice shall<br />

have a term of eleven years; but if at any<br />

time the incumbent resign or be disabled<br />

from continuing in office, as may be deter-<br />

mined by the Senate, replacement shall be<br />

by the senior member of the Judicial Coun-<br />

cil until a new selection be made.. After six<br />

years the Assembly may provide, by a two-<br />

thirds vote, for discontinuance in office,<br />

and a successor shall then be chosen.<br />

SECTION 6. <strong>The</strong> Principal Justice may<br />

suspend members of any court for inca-<br />

pacity or violation of rules; and the separa-<br />

tion shall be final if a majority of the<br />

Council agree.<br />

SECTION 7. A presiding judge may<br />

decide, with the concurrence of the senior<br />

judge, that there may be pretrial proceed-<br />

ings, that criminal trials shall be con-<br />

ducted by either investigatory or adversary<br />

proceedings, and whether there shall be a<br />

jury and what the number of jurors shall<br />

be; but investigatory proceedings shall re-<br />

quire a bench of three.<br />

SECTION 8. In deciding on the concor-<br />

dance of statutes with the Constitution,<br />

the Supreme Court shall return to the<br />

House of Representatives such as it cannot<br />

construe. If the House fail to make return<br />

within ninety days the Court may inter-<br />

pret.<br />

SECTION 9. <strong>The</strong> Principal Justice, or<br />

the President, may grant pardons or re-<br />

prieve s.<br />

SECTION 10. <strong>The</strong> High Courts shall<br />

have thirteen members; but nine mem-<br />

bers, chosen by their senior justices from<br />

time to time, shall constitute a court. <strong>The</strong><br />

justices on leave shall be subject to recall.<br />

Other courts shall have nine members;<br />

but seven, chosen by their senior, shall<br />

constitute a court.<br />

All shall be in continuous session ex-<br />

cept for recesses approved by the Principal<br />

Justice.<br />

SECTION 1 1. <strong>The</strong> Principal Justice, with<br />

the Council, may advise the Senate, when<br />

requested, concerning the appropriateness<br />

of measures approved by the House of<br />

Representatives; and may also advise the<br />

President, when requested, on matters he<br />

may refer for consultation.<br />

SECTION 12. It shall be for other<br />

branches to accept and to enforce judicial<br />

decrees.<br />

SECTION 13. <strong>The</strong> High Court of Appeals<br />

may select applications for further consid-<br />

eration by the Supreme Court of decisions<br />

reached by other courts, including those of<br />

the Newstates. If it agree that there be a<br />

constitutional issue it may make prelimi-<br />

naryjudgment to be reviewed without hear-<br />

ing, and finally, by the Supreme Court.<br />

SECTION 14. <strong>The</strong> Supreme Court may<br />

decide:<br />

a. Whether, in litigation coming to it<br />

on appeal, constitutional provisions have<br />

been violated or standards have not been<br />

met.<br />

b. On the application of constitu-<br />

tional provisions to suits involving the<br />

Newstates.<br />

c. Whether international law, as rec-<br />

ognized in treaties, United Nations agree-<br />

ments, or arrangements with other ea-<br />

tions, has been ignored or violated.<br />

d. Other causes involving the inter-<br />

pretation of constitutional provisions; ex-<br />

cept that in holding any branch to have<br />

exceeded its powers the decision shall be<br />

suspended until the Judicial Court shall<br />

have determined whether, in order to avoid<br />

confrontation, procedures for amendment<br />

of the Constitution are appropriate.<br />

If amendatory proceedings are insti-<br />

tuted, decision shall await the outcome.<br />

SECTION 15. <strong>The</strong> Courts of the<br />

Newstates shall have initial jurisdiction in<br />

cases arising under their laws except those<br />

involving the Newstate itself or those re-<br />

served for national courts by a rule of the<br />

Principal Justice with the Judicial council.<br />

ARTICLE IX<br />

GENERAL PROVISIONS<br />

SECTION 1. Qualifications for partici-<br />

pation in democratic procedures as a citi-<br />

zen, and eligibility for office, shall be sub-<br />

ject to repeated study and redefinition; but<br />

any change in qualification or eligibility<br />

shall become effective only if not disap-<br />

proved by the Congress.<br />

For this purpose a permanent Citizen-<br />

ship and Qualifications Commission shall<br />

be constituted, four members to be ap-<br />

pointed by the President, three by the<br />

Convener of the Senate, three by the<br />

Speaker of the House, and three by the<br />

Principal Justice. Vacancies shall be filled<br />

as they occur. <strong>The</strong> members shall choose<br />

a chairman; they shall have suitable assis-<br />

tants and accommodations; and they may<br />

have other occupations. Recommenda-<br />

tions of the commission shall be presented<br />

to the President and shall be transmitted to<br />

the House of Representatives with com-<br />

ments. <strong>The</strong>y shall have a preferred place<br />

on the calendar and, if approved shall be in<br />

effect.<br />

SECTION 2. Areas necessary for the<br />

uses of government may be acquired at its<br />

valuation and may be maintained as the<br />

public interest may require. Such areas<br />

shall have self-government in matters of<br />

local concern.<br />

SECTION 3. <strong>The</strong> President may negoti-<br />

ate for the acquisition of areas outside the<br />

Newstates of America, and, if the Senate<br />

approve, may provide for their organiza-<br />

tion as Possessions or Territories.<br />

SECTION 4. <strong>The</strong> President may make<br />

agreements with other organized peoples<br />

for arelation other than full membership in<br />

the Newstates of America. <strong>The</strong>y may be-<br />

come citizens and may participate in the<br />

selection of officials. <strong>The</strong>y may receive<br />

assistance for their development or from<br />

the National Sharing Fund if they conform<br />

to its requirements; and they may serve in<br />

civilian or military services, but only as<br />

volunteers. <strong>The</strong>y shall be represented in<br />

the House of Representatives by members

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